Further provisions about requests by a creditor or contributory for a public examination
7.101.—(1) A request by a creditor or contributory for a public examination does not require the support of concurring creditors or contributories if the requisitioning creditor’s debt or, as the case may be, requisitioning contributory’s shares, is sufficient alone under section 133(2).
(2) Before the official receiver makes the requested application, the creditor or contributory requesting the examination must deposit with the official receiver such sum (if any) as the official receiver determines is appropriate as security for the expenses of the public examination (if ordered).
(3) The official receiver must make the application for the examination—
(a)within 28 days of receiving the creditor’s or contributory’s request (if no security is required under paragraph (2); or
(b)within 28 days of the creditor or contributory (as the case may be) depositing the required security.
(4) However if the official receiver thinks the request is unreasonable, the official receiver may apply to the court for an order to be relieved from making the application.
(5) If the application for an order under paragraph (4) is made without notice to any other party and the court makes such an order then the official receiver must deliver a notice of the order as soon as reasonably practicable to the creditors or contributories who requested the examination.
(6) If the court dismisses the official receiver’s application under paragraph (4), the official receiver must make the application under section 133(2) as soon as reasonably practicable.